2923.1213
Temporary emergency license.

(a)
A
statement sworn by the person seeking to carry a concealed handgun that is made
under threat of perjury and that states that the person has reasonable cause to
fear a criminal attack upon the person or a member of the person's family, such
as would justify a prudent person in going armed;

(b)
A
written document prepared by a governmental entity or public official
describing the facts that give the person seeking to carry a concealed handgun
reasonable cause to fear a criminal attack upon the person or a member of the
person's family, such as would justify a prudent person in going armed. Written
documents of this nature include, but are not limited to, any temporary
protection order, civil protection order, protection order issued by another
state, or other court order, any court report, and any report filed with or
made by a law enforcement agency or prosecutor.

(2)
"Prosecutor" has the same meaning as in section
2935.01 of the Revised
Code.

(1)
A
person seeking a concealed handgun license on a temporary emergency basis shall
submit to the sheriff of the county in which the person resides
or, if the person usually resides in another state, to
the sheriff of the county in which the person is temporarily staying, all
of the following:

(a)
Evidence of
imminent danger to the person or a member of the person's family;

(b)
A
sworn affidavit that contains all of the information required to be on the
license and attesting that the person is legally living in the United States;
is at least twenty-one years of age; is not a fugitive from justice; is not
under indictment for or otherwise charged with an offense identified in
division (D)(1)(d) of section
2923.125 of the Revised Code;
has not been convicted of or pleaded guilty to an offense, and has not been
adjudicated a delinquent child for committing an act, identified in division
(D)(1)(e) of that section and to which division (B)(3) of this section does not
apply; within three years of the date of the submission, has not been convicted
of or pleaded guilty to an offense, and has not been adjudicated a delinquent
child for committing an act, identified in division (D)(1)(f) of that section
and to which division (B)(3) of this section does not apply; within five years
of the date of the submission, has not been convicted of, pleaded guilty, or
adjudicated a delinquent child for committing two or more violations identified
in division (D)(1)(g) of that section; within ten years of the date of the
submission, has not been convicted of, pleaded guilty, or adjudicated a
delinquent child for committing a violation identified in division (D)(1)(h) of
that section and to which division (B)(3) of this section does not apply; has
not been adjudicated as a mental defective, has not been committed to any
mental institution, is not under adjudication of mental incompetence, has not
been found by a court to be a mentally ill person subject to
court order, and is
not an involuntary patient other than one who is a patient only for purposes of
observation, as described in division (D)(1)(i) of that section; is not
currently subject to a civil protection order, a temporary protection order, or
a protection order issued by a court of another state, as described in division
(D)(1)(j) of that section; is not
currently subject to a suspension imposed under division (A)(2) of section
2923.128 of the Revised Code of
a concealed handgun license that previously was issued to the person
or a similar suspension imposed by another state
regarding a concealed handgun license issued by that state; is not an unlawful
user of or addicted to any controlled substance as defined in
21 U.S.C.
802 ; if applicable, is an alien and has not
been admitted to the United States under a nonimmigrant visa, as defined in the
"Immigration and Nationality Act,"
8 U.S.C.
1101(a)(26) ; has not been
discharged from the armed forces of the United States under dishonorable
conditions; if applicable, has not renounced the applicant's United States
citizenship; and has not been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a violation identified in
division (D)(1)(s) of section
2923.125 of the Revised
Code;

(c)
A
nonrefundable temporary emergency license fee as described in either of the
following:

(i)
For an
applicant who has been a resident of this state for five or more years, a fee
of fifteen dollars plus the actual cost of having a background check performed
by the bureau of criminal identification and investigation pursuant to section
311.41 of the Revised
Code;

(ii)
For an
applicant who has been a resident of this state for less than five years
or who is not a resident of this state, but is
temporarily staying in this state, a fee of fifteen dollars plus the
actual cost of having background checks performed by the federal bureau of
investigation and the bureau of criminal identification and investigation
pursuant to section 311.41 of the Revised
Code.

(d)
A set of
fingerprints of the applicant provided as described in section
311.41 of the Revised Code
through use of an electronic fingerprint reading device or, if the sheriff to
whom the application is submitted does not possess and does not have ready
access to the use of an electronic fingerprint reading device, on a standard
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code. If
the fingerprints are provided on a standard impression sheet, the person also
shall provide the person's social security number to the sheriff.

(2)
A sheriff
shall accept the evidence of imminent danger, the sworn affidavit, the fee, and
the set of fingerprints required under division (B)(1) of this section at the
times and in the manners described in division (I) of this section. Upon
receipt of the evidence of imminent danger, the sworn affidavit, the fee, and
the set of fingerprints required under division (B)(1) of this section, the
sheriff, in the manner specified in section
311.41 of the Revised Code,
immediately shall conduct or cause to be conducted the criminal records check
and the incompetency records check described in section
311.41 of the Revised Code.
Immediately upon receipt of the results of the records checks, the sheriff
shall review the information and shall determine whether the criteria set forth
in divisions (D)(1)(a) to (j) and (m) to (s) of
section 2923.125 of the Revised Code
apply regarding the person. If the sheriff determines that all of criteria set
forth in divisions (D)(1)(a) to (j) and (m) to
(s) of section 2923.125 of the Revised Code
apply regarding the person, the sheriff shall immediately make available
through the law enforcement automated data system all information that will be
contained on the temporary emergency license for the person if one is issued,
and the superintendent of the state highway patrol shall ensure that the system
is so configured as to permit the transmission through the system of that
information. Upon making that information available through the law enforcement
automated data system, the sheriff shall immediately issue to the person a
concealed handgun license on a temporary emergency basis.

If the sheriff denies the
issuance of a license on a temporary emergency basis to the person, the sheriff
shall specify the grounds for the denial in a written notice to the person. The
person may appeal the denial, or challenge criminal records check results that
were the basis of the denial if applicable, in the same manners specified in
division (D)(2) of section
2923.125 and in section
2923.127 of the Revised Code,
regarding the denial of an application for a concealed handgun license under
that section.

The license on a
temporary emergency basis issued under this division shall be in the form, and
shall include all of the information, described in divisions (A)(2)(a) and (d) of section
109.731 of the Revised Code, and
also shall include a unique combination of identifying letters and numbers in
accordance with division (A) (2)(c) of that section.

The license on a
temporary emergency basis issued under this division is valid for ninety days
and may not be renewed. A person who has been issued a license on a temporary
emergency basis under this division shall not be issued another license on a
temporary emergency basis unless at least four years has expired since the
issuance of the prior license on a temporary emergency basis.

(3)
If
a person seeking a concealed handgun license on a temporary emergency basis has
been convicted of or pleaded guilty to an offense identified in division
(D)(1)(e), (f), or (h) of section
2923.125 of the Revised Code or
has been adjudicated a delinquent child for committing an act or violation
identified in any of those divisions, and if a court has ordered the sealing or
expungement of the records of that conviction, guilty plea, or adjudication
pursuant to sections 2151.355 to
2151.358 or sections
2953.31 to
2953.36 of the Revised Code or
the applicant
has been relieved under operation of law
or legal process from the disability imposed pursuant to section
2923.13 of the Revised Code
relative to that conviction, guilty plea, or adjudication, the conviction,
guilty plea, or adjudication shall not be relevant for purposes of the sworn
affidavit described in division (B)(1)(b) of this section, and the person may
complete, and swear to the truth of, the affidavit as if the conviction, guilty
plea, or adjudication never had occurred.

(4)
The
sheriff shall waive the payment pursuant to division (B)(1)(c) of this section
of the license fee in connection with an application that is submitted by an
applicant who is a retired peace officer, a retired person described in
division (B)(1)(b) of section
109.77 of the Revised Code, or a
retired federal law enforcement officer who, prior to retirement, was
authorized under federal law to carry a firearm in the course of duty, unless
the retired peace officer, person, or federal law enforcement officer retired
as the result of a mental disability.

The sheriff shall deposit
all fees paid by an applicant under division (B)(1)(c) of this section into the
sheriff's concealed handgun license issuance fund established pursuant to
section 311.42 of the Revised
Code.

(C)
A
person who holds a concealed handgun license on a temporary emergency basis has
the same right to carry a concealed handgun as a person who was issued a
concealed handgun license under section
2923.125 of the Revised Code,
and any exceptions to the prohibitions contained in section
1547.69 and sections
2923.12 to
2923.16 of the Revised Code for
a licensee under section
2923.125 of the Revised Code
apply to a licensee under this section. The person is subject to the same
restrictions, and to all other procedures, duties, and sanctions, that apply to
a person who carries a license issued under section
2923.125 of the Revised Code,
other than the license renewal procedures set forth in that section.

(D)
A
sheriff who issues a concealed handgun license on a temporary emergency basis
under this section shall not require a person seeking to carry a concealed
handgun in accordance with this section to submit a competency certificate as a
prerequisite for issuing the license and shall comply with division (H) of
section 2923.125 of the Revised Code in
regards to the license. The sheriff shall suspend or revoke the license in
accordance with section
2923.128 of the Revised Code. In
addition to the suspension or revocation procedures set forth in section
2923.128 of the Revised Code,
the sheriff may revoke the license upon receiving information, verifiable by
public documents, that the person is not eligible to possess a firearm under
either the laws of this state or of the United States or that the person
committed perjury in obtaining the license; if the sheriff revokes a license
under this additional authority, the sheriff shall notify the person, by
certified mail, return receipt requested, at the person's last known residence
address that the license has been revoked and that the person is required to
surrender the license at the sheriff's office within ten days of the date on
which the notice was mailed. Division (H) of section
2923.125 of the Revised Code
applies regarding any suspension or revocation of a concealed handgun license
on a temporary emergency basis.

(E)
A
sheriff who issues a concealed handgun license on a temporary emergency basis
under this section shall retain, for the entire period during which the license
is in effect, the evidence of imminent danger that the person submitted to the
sheriff and that was the basis for the license, or a copy of that evidence, as
appropriate.

(F)
If a
concealed handgun license on a temporary emergency basis issued under this
section is lost or is destroyed, the licensee may obtain from the sheriff who
issued that license a duplicate license upon the payment of a fee of fifteen
dollars and the submission of an affidavit attesting to the loss or destruction
of the license. The sheriff, in accordance with the procedures prescribed in
section 109.731 of the Revised Code,
shall place on the replacement license a combination of identifying numbers
different from the combination on the license that is being replaced.

(G)
The
attorney general shall prescribe, and shall make
available to sheriffs, a standard form to be used under division (B) of this
section by a person who applies for a concealed handgun license on a temporary
emergency basis on the basis of imminent danger of a type described in division
(A)(1)(a) of this section. The attorney general shall
design the form to enable applicants to provide the information that is
required by law to be collected, and shall update the form as necessary.
Burdens or restrictions to obtaining a concealed handgun license that are not
expressly prescribed in law shall not be incorporated into the form. The
attorney general shall post a printable version of the form on the web site of
the attorney general and shall provide the address of the web site to any
person who requests the form.

(H)
A
sheriff who receives any fees paid by a person under this section shall deposit
all fees so paid into the sheriff's concealed handgun license issuance expense
fund established under section
311.42 of the Revised
Code.

(I)
A sheriff
shall accept evidence of imminent danger, a sworn affidavit, the fee, and the
set of fingerprints specified in division (B)(1) of this section at any time
during normal business hours. In no case shall a sheriff require an
appointment, or designate a specific period of time, for the submission or
acceptance of evidence of imminent danger, a sworn affidavit, the fee, and the
set of fingerprints specified in division (B)(1) of this section, or for the
provision to any person of a standard form to be used for a person to apply for
a concealed handgun license on a temporary emergency basis.